DHARMA Vs. DISTRICT CONSOLIDATION OFFICER

JUDGEMENT

(1.) PRESENT petition is filed assailing the judgment and order dated 31.12.2001 passed by Assistant Settlement Officer, Consolidation, Haridwar as well as judgment and order dated 28.02.2003 passed by Deputy Director, Consolidation, Haridwar.

(2.) PETITIONER was found in possession of Khasra No. 459, Village Toda, Kalyanpur, Pargana and Tehsil Roorkee, Haridwar, which is shown as river belt in revenue record; petitioner has raised claimed under sub -Section 4F of Section 122B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "Act, 1950") saying since he is Scheduled Caste (Harijan), therefore, he should be conferred with bhumidhari rights thereon. Claim of the petitioner was declined on the ground that benefit of sub Section 4F of Section 122B of the Act, 1950 can be granted only on the land mentioned in Section 117 of the Act, 1950. Since river belt is part of river, therefore, no right can be accrued or granted over Khasra No. 429 belonging to river or river belt. Sub -Section 4F of Section 122B of the Act, 1950 reads as under:

(3.) THE bare reading of Section 4F of Section 122 -B of the Act, 1950 would demonstrate that if any agricultural labourer, belonging to a Scheduled Caste or Scheduled Tribe, is found in occupation of land vested in Gaon Sabha under Section 117 not being land mentioned under Section 132 from before May 13, 2007 and land in possession of such agricultural labourer does exceed to 1.26 hectares, then he shall not be evicted from the land, in question and shall be admitted as bhumidhar with non transferable rights of the land under Section 195 of the Act.